Orica Australia Pty Ltd T/A Orica Australia Pty Ltd
[2023] FWCA 2342
•27 JULY 2023
| [2023] FWCA 2342 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Orica Australia Pty Ltd T/A Orica Australia Pty Ltd
(AG2023/2297)
ORICA AUSTRALIA PTY LTD HUNTER VALLEY ENTERPRISE AGREEMENT 2023
| Mining industry | |
| DEPUTY PRESIDENT SLEVIN | SYDNEY, 27 JULY 2023 |
Application for approval of the Orica Australia Pty Ltd Hunter Valley Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement known as the Orica Australia Pty Ltd Hunter Valley Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Orica Australia Pty Ltd. The Agreement is a single enterprise agreement.
Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
The Transport Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.
The Agreement was approved on 27 July 2023 and, in accordance with s.54, will operate from 3 August 2023. The nominal expiry date of the Agreement at clause 5 is 31 March 2026.
DEPUTY PRESIDENT
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